Celebrating self-expression as a basic human right essential for the healthy growth of youth, individuals and communities COMMUNITY ARTS ADVOCATES, INC. Stephen H. Baird, Founder and Executive Director PO Box 300112, Jamaica Plain, MA 02130-0030 Telephone: 617-522-3407 info@BuskersAdvocates.org www.BuskersAdvocates.org |
||||||||||||||||||||
Spokane Legal Battle Won November 24, 2008 Wilmington, North Carolina, Law and Enforcement Practices Ruled Unconstitutional November 3, 2008 Boston Crack Down on Street Performers and Artists August 2008 MBTA-Radio Threatens Subway Performances Oct 2007 Jakarta, Indonesia bans donations to buskers September 2007 Kansas City Council attempts to ban street performances February 2007 |
The History and Cultural Impact
of Street Performing in America
by Stephen Baird © Stephen Baird 2009
This page written and designed by Molly Hagan
The following little historical references are just a glimpse of the depth and breadth of the creative spirit of the human race that blossoms on the street corners, market places, subway platforms and any other place people gather.
Peter Barbeau is a saxophone player who performs and busks on the streets of Wilmington, North Carolina. Almost immediately after moving to Wilmington in March of 2008, Peter found himself battling the city laws associated with busking. A summary of his legal battle is as follows:
The following are links to PDF files of the proposed Wilmington City ordinances:
- On September 17, 2008 an article was published in Encore entitled Beggars and Buskers: Differentiating the law on the streets of Wilmington. The article outlined the history of begging laws in Wilmington, which city officials wrongly applied to buskers as well. The article describes how these laws affected Peter's rights to busk as well as other street performers in Wilmington who have never been allowed to collect money. According to the article:
- An ordinance was passed in May 1996 that prohibited aggressive and intimidating begging throughout the city. One was allowed to ask for money, but not frighten people for it.
- In the spring of 2006 the Wilmington City Council modified this ordinance to specify three specific city districts where begging was strictly forbidden. However, these geographical limitations essentially placed a city-wide ban on begging.
- To view the entire article please click HERE.
- On July 30, 2008 Peter was issued a ticket for performing on the streets and accepting donations, which is the definition of busking.
- On October 27, 2008 the ACLU won a court case to get Peter's ticket dismissed by arguing that the ordinance was unconstitutional. On November 3, 2008 the ordinance was officially declared unconstitutional.
- Judge John J. Carrol III made the court decision, which received an overwhelming response from pleased members of the audience. To view a PDF of the official court order please click HERE.
- Veronica Gonzalez wrote an article on November 10, 2008 entitled Saxophonist's challenge leads to law rewrite, another article that speaks about the distinction between begging and busking, which Wilmington city laws often overlooked. To view the entire article please click HERE.
- The ACLU of North Carolina reviewed Judge Carrol's decision in an article that was published on November 25, 2008: ACLU-NC Applauds Court Decision Upholding Free Speech Rights of Wilmington Street Musician. To view the article on the ACLU-NC website, please click HERE.
- For more information on the ACLU in North Carolina please click HERE.
- On January 5, 2009 Veronica Gonzalez wrote an article entitled Wilmington fine-tunes Law for Street Musicians. The article described potential changes in the city law, which would require a $50 permit for performers who want to play near the riverwalk.
- One of the issues associated with the change is the cost of the permit; $50 is an unnecessary amount of money for a busking permit, especially considering the typical small donations that buskers receive.
- To view the entire article please click HERE.
- On January 6, 2009 an article was published entitled A Little Music for a Little Fee, which discussed the city of Wilmington's attempt to place ordinances on street performing.
- This article discusses more in depth the excessive cost of the permit. In cities all over the country permit costs typically range from free to $50; however, the locations that require a $50 permit are much more heavily trafficked than Wilmington, implying that the cost to busk in Wilmington should be significantly less.
- To view the entire article please click HERE.
- On January 14, 2009 Barbeau wrote a letter to the Wilmington City Council because he had attempted to voice his opinion at a city council meeting on January 6th, but was not allowed because he failed to submit the required paperwork.
- In his letter he discussed the city law's lack of separation between beggars and buskers.
- He also commented on the busking laws; he believes the proposed amendments are too restrictive and that the permit cost is unnecessarily high.
- He also commented on the positive impact of street performing on city life, emphasizing that street performing is a way of enhancing the atmosphere of the city, rather than detracting from it.
- To view Peter Barbeau's letter please click HERE.
- On January 15, 2009 Veronica Gonzalez wrote another article: Wilmington Council Criticized for Limiting Free Speech. It was written in response to the city council meeting where Peter Barbeau attempted to comment on the busking ordinance.
- Many believe that this city rule is a violation of first amendment rights, but the state law says that they are allowed to regulate speaking time.
- Still, it can be argued that people should be allowed to speak at city council meetings if there are no pressing issues that need to be discussed.
- To view the entire article please click HERE.
For more information about Peter Barbeau or to contact him please visit his website:
- Ordinance Amending Section 6-16 of the Wilmington City Code: relating to the solicitation of donations.
- Ordinance Amending Section 7-38 of the Wilmington City Code: relating to Performers in Riverfront Park
Street Arts and Buskers Advocates
- Introduction, Background and Services
- Street Arts Advocates Email List
- Code of Ethics
- Legal Issues
- Legal Court Citations article by Stephen Baird
- Goldstein v. Town of Nantucket, 477 F. Supp., 606, (1979)
- Davenport v Alexandria, VA 683 F2d 853 (1983), 710 F2d 148 (1983), 748 F2d 208 (1984)
- Friedrich v Chicago 619 F. Supp., 1129. (D.C. Ill 1985)
- Carew-Reid v. Metropolitan Transportation Auth., 903 F2d 914 (2nd Cir. 1990) (Subway)
- Jews for Jesus v. Massachusetts Bay Transportation Authority (1991) (Subway)
- Bery v. New York, 97 F. 3d 684 (2d Cir. 1996)
- Turley v. NYC 988 F.Supp, 667 & 675 (1997). See US 2nd Cir Appeal 98-7114 (1999)
- Perry v. LAPD, US 9th Cir Appeals 96-55545 (1997)
- Horton v. St. Augustine, Florida US 11th Cir Appeal No. 00-16220 (2001)
- Christopher Mastrovincinzo (a.k.a. "MASTRO"), and Kevin Santos (a.k.a. "NAC" OR "NAK") v NEW YORK CITY 313 F SUPP 2D 280 (2004)
- Boston Legal Battle 1972-2004
- Boston MBTA Subway Legal Battle 1986-2007
- Cambridge Legal Battle 1973-2003
- Alexandria, Virginia Legal Battle 1982-1984
- Baltimore, Maryland Legal Battle 2002 on
- Chicago Legal Battle 1982-1986
- Kansas City Legal Battle
- New Orleans Legal Battle
- New York City Street Entertainers 1700 - 2008
- Provincetown, Massachusetts Street Performers
- Saint Augustine, Florida Legal Battle
- Salt Lake City, Utah Legal Battle
- Santa Cruz, California Legal Battle 1978-2003
- Santa Fe, New Mexico
- Seattle, WA 1974 on
- Spokane, WA Legal Battle
- Waikiki Street Performers Win Lawsuit 2002
- Wilmington, North Carolina Legal Battle
- The Malling of America: The Selling of America's Public Parks and Streets--The Economic Censorship and Suppression of First Amendment Rights article by Stephen Baird
- Amplification Ethics article by Stephen Baird
- Model Regulations introduction and three samples
- Performance Locations
- History and Cultural Impact of Street Performing in America
- Avenues of Self Expression article by Stephen Baird
- Ben Franklin on the Streets of Boston in 1718
- Busking in Colonial Williamsburg in 1738
- Rope Walking from Church Steeple in 1757
- Patrick Henry and Sam Adams on the Revolutionary Streets
- Nathaniel Hawthorne "All vagrants are interesting"
- Boston Street Music 1869
- Irving Berlin to George Burns--Immigrants Fill The Streets With Music
- Bessie Smith, Blind Lemon Jefferson, Eubie Blake, Reverend Gary Davis, Louis Armstrong and the African American Diaspora on the Streets
- Mayor La Guardia Bans Street Music in New York City in 1935
- Hurdy-gurdy man Marino Persechini in Boston 1899-1974
- Street Artists in Fine Arts Paintings, Photographs and Films
- Books and References
- Women Street Performers and Sexual Safety By Kirsten Anderberg
- History and Cultural Impact of Street Performing International
- Links and References
- Street and Vaudeville Artists Directory Data Base
- Street Artists Photo-Journalism Project
- Stephen Baird -- Street Performer with Music, Puppets & Lore
For translations into different languages -- Arabic, Chinese, Italian, French, German, Russian, Spanish or others visit the web site: http://babel.altavista.com
Copyright © 1999-2009 by Stephen Baird